Cannon v. Lewis
Montana Supreme Court
Appeal from Second Judicial District, Silver Row County. Action for damages for personal injuries. Defendant’s motion for a new trial was denied by MoHatton, J. Statement of the case by the justice delivering the opinion. Action to recover damages for personal injuries sustained by plaintiff John O’Donnell (now deceased), by reason of bis falling into a cellar belonging to the defendant, and abutting a sidewalk in Butte.
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Appeal from Second Judicial District, Silver Row County. Action for damages for personal injuries. Defendant’s motion for a new trial was denied by MoHatton, J. Statement of the case by the justice delivering the opinion. Action to recover damages for personal injuries sustained by plaintiff John O’Donnell (now deceased), by reason of bis falling into a cellar belonging to the defendant, and abutting a sidewalk in Butte. The complaint alleges that at the time of the accident there was no railing, guard, protection, light or signal of any kind, at said cellar, or near where the same abutted on…
1Opinion of the Court
HüNT, J.
The evidence of the plaintiff tended to show the following condition of affairs : John O’Donnell, the plaintiff, a man of 60 years of age, lived a very short distance from an excavated cellar belonging to the defendant, Lewis. Lewis had excavated the cellar and built the foundation of a building on a lot near the plaintiff’s house. The front of the cellar was a little lower than the sidewalk. The sidewalk was about 12 feet wide, and appears to have been in good order, and in daily use. About 1 o’clock on the morning of the 29th of August, 1892, the plaintiff was returning to his home…
Also in this document: Concurrence.
2Cases cited10 opinions
- Bassett v. City of St. JosephSupreme Court of Missouri · 1873
- McGuire v. . SpenceNew York Court of Appeals · 1883
- Weed v. . Village of Ballston SpaNew York Court of Appeals · 1879
- City of Joliet v. VerleyIllinois Supreme Court · 1864
- Hamilton v. Great Falls Street Railway Co.Montana Supreme Court · 1895
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Morton v. MooneyMontana Supreme Court · 1934
- Birsch v. Citizens' Electric Co.Montana Supreme Court · 1908
- Pierce v. Pacific Gas & Electric Co.California Court of Appeal · 1985
- Wyant v. DunnMontana Supreme Court · 1962
- Tanner v. SmithMontana Supreme Court · 1934
16 more not listed; retrieve them via the Exa API.